A Proven Name In North Carolina Family Law
Family law matters often involve a drastic life change for most of the parties involved. At Coltrane & Overfield PLLC, our experienced attorneys understand the gravity of family law and can guide you through these difficult family issues.
Contact us in Greensboro to schedule an initial consultation.
A Guiding Hand When You Need It Most
Our attorneys have worked with families across the Greensboro–High Point–Winston-Salem area in a wide array of family law matters, including:
- Absolute divorce
- Complex and high-value asset property division
- Spousal support
- Child support and child custody
- Post-judgment modifications to alimony and child support and custody agreements
- Paternity issues
- Prenuptial and postnuptial agreements
Coltrane & Overfield PLLC is well-known in North Carolina for handling family cases with efficiency and meticulous care. As a result, our firm has established close relationships with the legal professionals and professional agencies that govern family law in the Tar Heel State. We know what to expect in family law matters and are well-equipped to help with even the most complex legal issues.
Experience With Complex Assets
North Carolina does not recognize marital property as “community property,” which means that shared property is not always split 50-50 during a divorce or separation. Instead, the state’s divorce courts consider a long list of factors when dividing property. Property division becomes exponentially more complicated when considering assets like homes or business partnerships.
Our practice also comprises North Carolina real estate and business law. Our professional experience in both areas makes us uniquely equipped to assist you or represent you during a divorce or a separation. We can tap into our vast network of resources, such as forensic accountants and real estate appraisers, to help conduct the process more efficiently.
Frequently Asked Questions About NC Family Law
Family law issues can feel overwhelming, especially when you are trying to navigate a separation or divorce in North Carolina. This section addresses three of the most common questions about family law that may provide you with some guidance and mental relief.
What qualifies as “living separate and apart” for North Carolina divorces?
In North Carolina, “living separate and apart” means the spouses have ended the marital relationship and are living in different residences with the intent that the separation be permanent. The key point is that North Carolina requires an actual physical separation, not just living in different rooms or being emotionally separated.
Under N.C. Gen. Stat. § 50-6, a couple must live separately and apart for one year before either party can obtain an absolute divorce on that ground. Isolated sexual encounters or brief trial reconciliations during the one-year separation period can reset the clock if a judge determines the parties resumed their marital relationship.
How does post-separation support differ from alimony in North Carolina?
Post-separation support and alimony are both forms of spousal support in North Carolina, but they serve different purposes. Post-separation support refers to temporary support paid before a final alimony determination. It is based on a showing that one spouse is the dependent spouse and the other is the supporting spouse, and that the dependent spouse has an immediate need for support.
Alimony is usually a longer-term support award entered after the court considers the spouses’ incomes, standard of living, marital misconduct, duration of the marriage, earning capacities, and other statutory factors.
How does the mandatory child custody mediation program work?
North Carolina’s mandatory child custody mediation program is required in most custody cases before a judge will hold a custody hearing. When a custody action is filed, the parents must first attend a mandatory orientation before meeting with a neutral, court-employed mediator at the Guilford County Courthouse in Greensboro or High Point to negotiate a parenting schedule, holiday rotations and legal decision-making structure.
If the parents reach an agreement, they can submit the parenting agreement to the court as a custody order. However, if mediation fails, the case is returned to the court for a custody hearing.
We Can Help You Take The Next Step – Call Our Family Law Firm Today
We are dedicated to providing sound legal advice that strengthens the building blocks of our community. If you are facing a complex family law matter, contact our firm to schedule an initial consultation. You may reach us in our Greensboro office at 336-691-2822 or email us.